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Wednesday, October 20, 2010

Obama Admin's DOJ Files Appeal Of DADT Ruling With Appeals Court ; UPDATE Appeals Court Gives Obama His Stay, Reactions From Gay Activists Not Good

[Updated and bumped] H/T Andrew Malcolm from LA Time's Top of the Ticket on Twitter- Military can keep 'don't ask, don't tell' policy for now, appeals court says.

LA Times:

A federal appeals court says the military should keep in place its "don't ask, don't tell" policy for now.

The 9th U.S. Circuit Court of Appeals on Wednesday granted the Obama administration's request for an injunction suspending a California-based judge's ruling that found the policy unconstitutional.

The 1993 law says gays may serve but only if they keep secret their sexual orientation.

More at Reuters and Outcome.

Chris Geidner of MetroWeekly (Washington DC) is the first to report, “[a] three judge panel of the U.S. Court of Appeals for the Ninth Circuit has issued a temporary stay of U.S. District Judge Virginia Phillips’s order halting all enforcement of the military’s “Don’t Ask, Don’t Tell” policy.”

The ninth district Court decision will allow DOD to again enforce the provisions of Don’t Ask, Don’t Tell that prevent gay, lesbian and bisexuals from serving in the armed services. The court wrote, “[t]he order is stayed temporarily in order to provide this court with an opportunity to consider fully the issues presented.”

Reactions are already coming out from AmericaBlog:

Thanks to the Obama administration, Don't Ask, Don't Tell is now the law of the land again


Original post 10/20/10 at 12:54PM below-

The Obama administration's Department of Justice has filed an emergency stay with the U.S. Court of Appeals for the Ninth Circuit against U.S. District Court Judge Virginia Phillips order halting enforcement of the "Don't Ask, Don't Tell" (DADT) policy.

Embedded stay request below (H/T


Could the timing be any worse for Democrats trying to get their based more enthused to get out to vote in two weeks?